|
| |
| |
Social Security Act 1998 (decisions under certain enactments to be |
| |
made by the Secretary of State); |
| |
(c) | the function under section 9(1) of that Act (revision of decisions), so far |
| |
as relating to decisions that relate to any matter arising under such |
| |
| 5 |
(d) | the function under section 10(1) of that Act (superseding of decisions), |
| |
so far as relating to decisions of the Secretary of State that relate to any |
| |
matter arising under such regulations; |
| |
(e) | any function under Chapter 2 of Part 1 of that Act (social security |
| |
decisions), except section 25(2) and (3) (decisions involving issues that |
| 10 |
arise on appeal in other cases), which relates to the exercise of any of the |
| |
functions mentioned in paragraphs (a) to (d). |
| |
(3) | Regulations under subsection (2) may provide that a function to which that |
| |
subsection applies may be exercised— |
| |
(a) | either wholly or to such extent as the regulations may provide, |
| 15 |
(b) | either generally or in such cases or areas as the regulations may |
| |
| |
(c) | either unconditionally or subject to the fulfilment of such conditions as |
| |
the regulations may provide. |
| |
(4) | An authorisation given by virtue of subsection (1), or by virtue of regulations |
| 20 |
under subsection (2), may authorise the exercise of the function concerned— |
| |
(a) | either wholly or to such extent as may be specified in the authorisation, |
| |
(b) | either generally or in such cases or areas as may be so specified, and |
| |
(c) | either unconditionally or subject to the fulfilment of such conditions as |
| |
| 25 |
(5) | In the case of an authorisation given by virtue of regulations under subsection |
| |
(2), subsection (4) is subject to the provisions of the regulations. |
| |
(6) | An authorisation given by virtue of subsection (1), or by virtue of regulations |
| |
| |
(a) | may specify its duration, |
| 30 |
(b) | may be revoked at any time by the Secretary of State, and |
| |
(c) | shall not prevent the Secretary of State or any other person from |
| |
exercising the function to which the authorisation relates. |
| |
(7) | Where a person is authorised to exercise any function by virtue of subsection |
| |
(1), or by virtue of regulations under subsection (2), anything done or omitted |
| 35 |
to be done by or in relation to him (or an employee of his) in, or in connection |
| |
with, the exercise or purported exercise of the function shall be treated for all |
| |
purposes as done or omitted to be done by or in relation to the Secretary of |
| |
| |
(8) | Subsection (7) shall not apply— |
| 40 |
(a) | for the purposes of so much of any contract made between the |
| |
authorised person and the Secretary of State as relates to the exercise of |
| |
| |
(b) | for the purposes of any criminal proceedings brought in respect of |
| |
anything done or omitted to be done by the authorised person (or an |
| 45 |
| |
| |
| |
| |
|
| |
| |
(a) | a person is authorised to exercise any function by virtue of subsection |
| |
(1), or by virtue of regulations under subsection (2), and |
| |
(b) | the authorisation is revoked at a time when a relevant contract is |
| |
| |
| the authorised person shall be entitled to treat the relevant contract as |
| 5 |
repudiated by the Secretary of State (and not as frustrated by reason of the |
| |
| |
(10) | In subsection (9), the reference to a relevant contract is to so much of any |
| |
contract made between the authorised person and the Secretary of State as |
| |
relates to the exercise of the function. |
| 10 |
| |
16 | Income and capital: general |
| |
(1) | In relation to a claim for an employment and support allowance, the income |
| |
and capital of a person shall be calculated or estimated in such manner as may |
| |
| 15 |
(2) | A person’s income in respect of a week shall be calculated in accordance with |
| |
prescribed rules, which may provide for the calculation to be made by |
| |
reference to an average over a period (which need not include the week |
| |
| |
(3) | Circumstances may be prescribed in which— |
| 20 |
(a) | a person is to be treated as possessing capital or income which he does |
| |
| |
(b) | capital or income which a person does possess is to be disregarded; |
| |
(c) | income is to be treated as capital; |
| |
(d) | capital is to be treated as income. |
| 25 |
(4) | Regulations may provide that a person’s capital shall be deemed for the |
| |
purposes of this Part to yield him an income at a prescribed rate. |
| |
| |
(1) | Regulations may provide for a person to be disqualified for receiving an |
| |
employment and support allowance, or treated for such purposes as the |
| 30 |
regulations may provide as not having limited capability for work, if— |
| |
(a) | he has become someone who has limited capability for work through |
| |
| |
(b) | he remains someone who has limited capability for work through his |
| |
failure without good cause to follow medical advice, or |
| 35 |
(c) | he fails without good cause to observe any prescribed rules of |
| |
| |
(2) | Regulations under subsection (1) shall provide for any such disqualification, or |
| |
treatment, to be for such period not exceeding 6 weeks as may be determined |
| |
in accordance with Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14). |
| 40 |
(3) | Regulations may prescribe for the purposes of subsection (1)— |
| |
(a) | matters which are, or are not, to be taken into account in determining |
| |
whether a person has good cause for any act or omission; |
| |
| |
| |
|
| |
| |
(b) | circumstances in which a person is, or is not, to be regarded as having |
| |
good cause for any act or omission. |
| |
(4) | Except where regulations otherwise provide, a person shall be disqualified for |
| |
receiving a contributory allowance for any period during which he is— |
| |
(a) | absent from Great Britain, or |
| 5 |
(b) | undergoing imprisonment or detention in legal custody. |
| |
| |
(1) | Any regulations to which this subsection applies may be made so as to have |
| |
effect for a specified period not exceeding 24 months. |
| |
(2) | Subject to subsection (3), subsection (1) applies to— |
| 10 |
(a) | regulations which are made under any provision of this Part, other than |
| |
| |
(b) | regulations which are made under the Administration Act, so far as |
| |
they relate to an employment and support allowance. |
| |
(3) | Subsection (1) only applies to regulations if they are made with a view to |
| 15 |
ascertaining whether their provisions will or will be likely to— |
| |
(a) | encourage persons to obtain or remain in work, or |
| |
(b) | make it more likely that persons will obtain or remain in work or be |
| |
| |
(4) | Regulations which, by virtue of subsection (1), are to have effect for a limited |
| 20 |
period are referred to in this section as a “pilot scheme”. |
| |
(5) | A pilot scheme may provide that its provisions are to apply only in relation |
| |
| |
(a) | one or more specified areas; |
| |
(b) | one or more specified classes of person; |
| 25 |
| |
(i) | by reference to prescribed criteria, or |
| |
(ii) | on a sampling basis. |
| |
(6) | A pilot scheme may make consequential or transitional provision with respect |
| |
to the cessation of the scheme on the expiry of the specified period. |
| 30 |
(7) | A pilot scheme may be replaced by a further pilot scheme making the same or |
| |
| |
19 | Relationship with statutory payments |
| |
(1) | A person is not entitled to an employment and support allowance in respect of |
| |
a day if, for the purposes of statutory sick pay, that day— |
| 35 |
(a) | is a day of incapacity for work in relation to a contract of service, and |
| |
(b) | falls within a period of entitlement (whether or not it is a qualifying |
| |
| |
(2) | Except as regulations may provide, a woman who is entitled to statutory |
| |
maternity pay is not entitled to a contributory allowance in respect of a day that |
| 40 |
falls within the maternity pay period. |
| |
(3) | Regulations may provide that— |
| |
| |
| |
|
| |
| |
(a) | an amount equal to a woman’s statutory maternity pay for a period |
| |
shall be deducted from a contributory allowance in respect of the same |
| |
| |
(b) | a woman shall only be entitled to a contributory allowance if there is a |
| |
balance after the deduction, and |
| 5 |
(c) | if there is such a balance, a woman shall be entitled to a contributory |
| |
allowance at a weekly rate equal to it. |
| |
(4) | Except as regulations may provide, a person who is entitled to statutory |
| |
adoption pay is not entitled to a contributory allowance in respect of a day that |
| |
falls within the adoption pay period. |
| 10 |
(5) | Regulations may provide that— |
| |
(a) | an amount equal to a person’s statutory adoption pay for a period shall |
| |
be deducted from a contributory allowance in respect of the same |
| |
| |
(b) | a person shall only be entitled to a contributory allowance if there is a |
| 15 |
balance after the deduction, and |
| |
(c) | if there is such a balance, a person shall be entitled to a contributory |
| |
allowance at a weekly rate equal to it. |
| |
(6) | Except as regulations may provide, a person who is entitled to additional |
| |
statutory paternity pay is not entitled to a contributory allowance in respect of |
| 20 |
a day that falls within the additional paternity pay period. |
| |
(7) | Regulations may provide that— |
| |
(a) | an amount equal to a person’s additional statutory paternity pay for a |
| |
period shall be deducted from a contributory allowance in respect of |
| |
| 25 |
(b) | a person shall only be entitled to a contributory allowance if there is a |
| |
balance after the deduction, and |
| |
(c) | if there is such a balance, a person shall be entitled to a contributory |
| |
allowance at a weekly rate equal to it. |
| |
| 30 |
“additional paternity pay period” has the meaning given in section |
| |
171ZEE(2) of the Contributions and Benefits Act; |
| |
“adoption pay period” has the meaning given in section 171ZN(2) of that |
| |
| |
“maternity pay period” has the meaning given in section 165(1) of that |
| 35 |
| |
20 | Deemed entitlement for other purposes |
| |
Regulations may provide for a person who would be entitled to an |
| |
employment and support allowance but for the operation of any provision of, |
| |
or made under, this Part, the Administration Act or Chapter 2 of Part 1 of the |
| 40 |
Social Security Act 1998 (c. 14) (social security decisions and appeals) to be |
| |
treated as if entitled to the allowance for the purposes of any rights or |
| |
obligations (whether his own or another’s) which depend on his entitlement, |
| |
other than the right to payment of it. |
| |
| |
| |
|
